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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Kentucky on
Q: Can i pick which parent i want to live with at the age of 16?

Growing up , i missed out time with my father. he went to prison for 5 years for drug charges but has completely turned his life around and has been out for around 2-3 years now. Whenever he left for prison i was in my teenage years and i missed so much time with him. whenever i’m with him, i’m... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2021

No. You can give your input, but the judge will make the final decision.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can my Mamaw take me from my house at 17 without my dad’s permission if I want to leave willingly?

My dad has been putting a lot of stress on me my whole life. He used to physically abuse me, by that I mean he would drag me through the house by my hair, “whoop” me for no reason, and one night he pushed me against my wall choking me. Around October he got mad and picked up my dog, slammed him... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2021

No. Not unless mamaw has custody.

1 Answer | Asked in Child Custody for Kentucky on
Q: Do I as an aunt have visitation rights to my niece and nephew. My brother is not married to the mother,they live tgether

My brothers girlfriend is keeping my niece and nephew away from me. I have not done anything to them, she simply does not like me. I really want to see them, but won’t allow me to. My brother and I are extremely close and he wants me involved. All I can do is send Christmas and birthday presents.

Timothy Denison
Timothy Denison
answered on Mar 23, 2021

No. Even grandparents rights have become virtually non-existent.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Does cps have a time frame that they have to go by to bring you before a judge before they have to give your kids back

If you are being proactive and have done everything they have said to do but everything has been done outside of court do they have a time limit that they have to bring me before a judge or the case gets dropped

Timothy Denison
Timothy Denison
answered on Mar 23, 2021

No.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Child Custody for Kentucky on
Q: Can cps keep from returning my kids if we have done everything asked and husband only has thc in his system

My kids were placed with the grandmother because of drugs we tested positive on the 24th of Feb have been clean ever since and have been proactive in doing what needs to be done to get them back our worker knows my husband from a previous case with his other son not going to school told us that... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2021

Yes. They can.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Personal jurisdiction

If I've waived personal jurisdiction in district court and my ex files for a custody modification in circuit court. Does that waiver of personal jurisdiction and venue transfer to circuit court or does it all have to be reestablished by that court.

Timothy Denison
Timothy Denison
answered on Mar 8, 2021

If you waived in the district court and then that same case is transferred to the circuit court snd she files for modification in the same case, the waiver is continued. If she files fir modification in any other case anywhere else, erdonal jurisdiction is not waived.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can my child’s mother take away custody because of a drug charge I have pending when she has two previous drug charges?

We have joint custody of our child. The mother has a meth and synthetic Marijuana charge, she is attempting to take away custody I have established due to me having a pending marijuana charge I have.

Timothy Denison
Timothy Denison
answered on Mar 6, 2021

No. Only the court can change custody.

1 Answer | Asked in Child Custody for Kentucky on
Q: What rights does a father obtain with dna testing if he hasn’t been involved with the child
Timothy Denison
Timothy Denison
answered on Feb 27, 2021

Same as any other father. Ask for the test, pay for it and if he’s yours, begin parenting.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: I want to have my child's father removed from my home by the police will they automatically call cps to report this?

I was told by a friend anytime a police report is made against a couple with children cps is automatically called and a report is made. I desperately want him removed due to his constant verbal and emotional abuse but I do not want the stress of having cps involved as I have heard the many horrer... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 19, 2021

A court can order CPS intervention or a police can contact CPS if they feel that it is necessary because a child is in dange. However, there are other options that typically do not involve CPS. If you file an emergency protective order/EPO against your husband if he is violent or making threats... View More

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1 Answer | Asked in Child Custody for Kentucky on
Q: My spouse has a drug addiction, would me stating that in our divorce affect his job?

I am completing an online divorce and would like to know if information from my divorce such as my husband's substance abuse, is that shared with your employer. I do not want my husband to loose his job but I want our children to live with me due to him using drugs. Thank you

Timothy Denison
Timothy Denison
answered on Feb 18, 2021

Doubtful that it would affect his job. Such Allegations in divorce actions are generally taken with a grain of salt.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Improper Venue

This is regarding a custody dispute.

The court in the decree county dismissed my petition to enforce and modify its own order. The court found the county where mother lives to be the "proper venue." However I still live and exercise visitation in the decree county. And mother... View More

Timothy Denison
Timothy Denison
answered on Feb 11, 2021

Unfortunately, yes. Happens all the time. Probably best to refile in mother’s county with a lawyer. Decree county judge likely just saw a way to get rid of your case. Not in conformity with the rules, but it happens all the time.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: How can I, as paternal grandmother, seek custody of my 2 year old grandson?

Parents are married, neither have a job, they live in a 3 bedroom trailer with her mother, sister and 2 nieces. There is history of parents not getting along and fighting in front of grandson and there has periods of the fights being physical. Mother has history of mental instability and has... View More

Timothy Denison
Timothy Denison
answered on Feb 9, 2021

Unless there is an open or new dependency case or the child has resided with you for the last six months, you do not have standing to file for custody.

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: Child services opened a case for drug use me and my husband are living with his mom and we are divorcing what do i do

I'm wanting to leave his moms but not without my kids as our prevention plan says we will be staying with his mother for the present time until we provide a permanent address

Timothy Denison
Timothy Denison
answered on Feb 6, 2021

Get a new address. Notify prevention officer of new permanent address. Move there with your kids.

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1 Answer | Asked in Child Custody, Divorce, Family Law and Gov & Administrative Law for Kentucky on
Q: My wife had a horrible break up with her ex husband, and was not there at a custody hearing due to her ex and her father

She was never served any kind of paperwork stating the father had full custody and the ex husband filed abandonment even though he lied to keep them longer and I feel her proceedings were not handled properly and that they judge and court over stepped their bounds how do we find the order or... View More

Timothy Denison
Timothy Denison
answered on Jan 25, 2021

Go to the courthouse where the case is filed snd order a complete copy of the file. Next, take the complete file to a family lawyer who can review the court order and tell you what has to be done to modify the prior order(s).

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Proper forum

Can I decline to participate in court proceeding in a court, where I'm appealing that court as the proper venue to enter permanent custody order for my child.

Timothy Denison
Timothy Denison
answered on Jan 16, 2021

You can register your objection along the way, but if the court doesn’t stay the proceedings pending appeal, you will have to participate under objection.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Kentucky on
Q: How do I appeal judge's decision in family court in regards to a change of goal to adoption without a lawyer?
Timothy Denison
Timothy Denison
answered on Jan 12, 2021

You file a notice of appeal snd pay the filing fee in the Circuit Court Clerks Office.

1 Answer | Asked in Child Custody and Criminal Law for Kentucky on
Q: Sent my teen to military school. They came home and got right back into drugs.. should i emancipate them? Need help

I've called police to try to remove people from my home because of drug use and activity while I'm at work. Can't get help from the police without leaving work and risking my job. I do have 2 othe kids to support. Military school didn't seem to help, should I just emancipate... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2021

Yes, unless teen is will to go to inpatient treatment.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My husband and i are separated. He has ran off with my son i need help getting my son back

He was not around the first years of his life and i started a schedule with him and one weekend he didnt bring him back

Timothy Denison
Timothy Denison
answered on Jan 11, 2021

You should file a petition for dissolution and then motion for immediate return. Until then, father has just as much right to child as you do unless there are court orders to the contrary.

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Kentucky on
Q: Judge granted joint custody and my ex has an assault charge. EPO, etc. How can I gain sole custody??? In Kentucky

Ex-husband is on 2nd EPO and has assault charges from abusing me. 2 contempt charges for breaking into my home within the last few months. The divorce was done in the next county over, however wasnt signed by the judge yet pwhen we were in court here for the assault charge and original EPO. The... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2021

If the judge granted Joint custody with the assault charges pending, there is not likely anything that can be done. If the assault charges occurred after the grant of joint custody, you could move to modify to sole custody if you can show that he presents a danger to the child.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: When moving to another state after divorce, how could mom get full custody of kids? All 3 are under the age of 8.

I am contemplating divorcing my husband and moving back to my home state of Florida, but I am worried he would try and take full custody of my kids. How could I get full custody?

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Dec 30, 2020

In Kentucky the easiest way to achieve this would be via an agreement reached in the divorce. If there is an objection, then the Court would decide based on the best interest of the children. This determination would be made at a custody hearing. The party seeking to move must have legitimate... View More

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